Possession claims in Bath & North East Somerset are on the rise and many landlords are resorting to court proceedings to recover property. With average rents topping £1,200, a long and drawn out recovery process can be very costly. Difficult tenants can have a damaging impact on landlords and their investments – on average a landlord will lose £5,000 in rent for every possession claim made. 
Seeking advice from a specialist landlord solicitor will ensure the process of regaining possession of your property will be dealt with quickly and effectively. From preparing and serving the Section 21 Notice, to arranging the Possession Order and making sure it is enforced, an experienced solicitor will secure a timely and cost-efficient outcome.
There are some best-practice tips we would advise all our clients to follow when dealing with tenants:
If you take a deposit, deal with it correctly. Deposits must be secured and protected, prescribed information has to be given and all within set time limits. Make sure you invest in a good letting agent, solicitor or get training to make sure it is done properly. It’s an expensive mistake if you end up paying a penalty of three times the deposit.
Check your tenant’s status, Landlords are obliged to check the immigration status of tenants at the outset of the tenancy. Landlords who fail to do this could be subject to a fine or even a prison sentence.
Have a good tenancy agreement. Make sure the tenancy agreement you use is up to date and most importantly adequately covers you if a dispute arises.
Carry out a check-in. If you instruct an agent, they will normally deal with this for you. If you don’t use an agent, make sure that you have a full inventory carried out by an independent agent, including photographs and detailed notes.
Negotiate any deposit deductions. Most deposit disputes can be resolved over the phone. Endless discussions in emails are needless and often don’t resolve any issues. Be realistic and remember a deposit adjudicator will not allow you to recover anything considered as betterment.
Adjudication. If you’ve done all of the above, you’ve given yourself the best chance of recovering money from the tenant under the deposit. The adjudication process is relatively quick and free but 82% of landlords don’t get what they are asking for. If items need to be replaced, the ADR schemes will often discount the price, given the age of the item.
If you are a landlord or agent in doubt about how best to deal with tenants, our specialist dispute resolution solicitors can help. For further information, or to speak to Edward Thompson, call 01225 485700 or email hello@mowbraywoodwards.co.uk
